MUELLER v. 2001 MARCUS AVENUE LLC (2026)

Order, Supreme Court, New York County (Schlomo S. Hager, J.), entered January 17, 2025, which granted defendants' motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

In this personal injury action in which the injured plaintiff tripped and fell over a curb bordering a handicap access ramp, the court correctly granted defendants' motion for summary judgment dismissing the complaint.  The curb at issue, which was painted a bright yellow to distinguish it from the adjacent grey concrete ramp and black parking lot blacktop, was open and obvious and not inherently dangerous (see Philips v. Paco Lafayette LLC, 106 A.D.3d 631, 632, 966 N.Y.S.2d 400 [1st Dept 2013];  see also Kovel v. Glenwood Mgt. Corp., 200 A.D.3d 460, 461, 160 N.Y.S.3d 208 [1st Dept 2021], lv denied 38 N.Y.3d 906, 2022 WL 1259834 [2022] ).  The curb, which plaintiff chose to step onto rather than following the marked pedestrian walkway, was raised to prevent wheelchair patrons from accidentally rolling into the parking lot.  It was approved by the town, complied with all relevant codes, and had been in place for approximately 10 years without incident (compare Bossert v. New York Univ. Langone Med. Ctr.—Tisch Hosp., 213 A.D.3d 547, 548, 185 N.Y.S.3d 11 [1st Dept 2023] ).

We have considered plaintiffs' remaining arguments and find them unavailing.